Wentworth
Institute of Technology
Criminal Sentencing As Practical Wisdom.
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| Main Author: | |
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
London :
Bloomsbury Publishing PLC,
2017.
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| Subjects: | |
| Online Access: |
Full text (Wentworth users only) |
| Local Note: | ProQuest Ebook Central |
Table of Contents:
- Preface and Acknowledgements; Contents; 1; Introduction; Previous Studies of Judicial Decision Making in Sentencing; Conclusion; 2; Context and Methodology; The Importance of Interviewing Sentencers; Methodology; Thematic Analysis: The Use of Grounded Theory; Transcribing the Interviews; Some Cautions on the Use of the Interview Data; The Use of Case Law; Conclusion; 3; The Instinctive Synthesis and Wise Blending of Penal Aims: A Comparative Study of Sentencing Methodology; Introduction; Sentencing Methodology in Canada; Sentencing Methodology in Australia.
- The Instinctive Synthesis in the Scottish CourtsConclusion; 4; Equity and the Rule of Law in Sentencing; Introduction; The Instinctive Synthesis and the Rule of Law; In Defence of the Instinctive Synthesis-Equity and the Rule of Law; Conclusion; 5; The Practical Wisdom of Sentencing: A Rationalisation of Intuitive Decision Making and Judicial Discretion; Introduction; Berlin""s Value Pluralism; Value Pluralism in Sentencing; The Ideals of Episteme, Techne and Phronesis; From Novice to Expert-the Dreyfus Model of the Human Learning Process; Judicial Wisdom-Phronesis and Sentencing; 6.
- Structuring the Sentencer""s DiscretionIntroduction; The Pursuit of Consistency in Sentencing-Alternatives to the Phronetic Synthesis; A Blending of the Phronetic Synthesis with Sentencing Guidance-Principled Discretion in Scottish Sentencing; Hedgehogs and Foxes on the Bench; Judicial Conceptions of the Sentencing Process; Conclusion; 7; A ""Seedy Little Bargain with Criminals""? Judicial Discretion and the Guilty Plea Discount; Introduction; Sentence Discounting for Guilty Pleas: Law and Practice in Scotland; Can the Guilty Plea Discount be Justified?; Conclusion; 8.
- The Phronimos and the Metronomic Clockwork ManHow Judges Sentence; Towards a New System of Guilty Plea Discounting-Suggestions for Reform; The Phronimos on the Bench; Bibliography; Index.